Dreamweaver - OT: Logos and copyright

Author

OT: Logos and copyright

Ccasati

2005-05-03, 7:26 pm

Five years ago I created a logo for a company that did not want to pay me for
anything but labor. I charged them $200. This company is now huge and uses my
logo everywhere. They have just informed me that they now want to hire a big ad
agency but they love everything I ever did so they expect to keep it all- my
logo, ads, art...

Don't even get me started...

There is no contract, just an invoice for labor...

Does anyone have any advice? Should I ask that they not use my art since after
five years they're totally dropping me with barely a "thanks?" (New
administrator coincidentally used to work for the ad agency they are now
hiring... oldest story in advertising but that doesn't make it better! : ) )

James Shook

2005-05-04, 4:17 am

Unless created under an explicit "work for hire" contract, the creator
of the works owns the copyright and usage rights to any work they create
as of right. The client is paying for the right to use the work in a
particular work as defined in your contract or spoken agreement. This is
the default situation in The US. Since it seems that you did not have
such a contract, technically a case can be made that if they are using
your work in a way not covered by the original usage agreement, you, as
the copyright holder, are entitled to compensation should the client
want to use it in some other way.

The reality is that you would have to bring them to court to claim these
rights, and the time and expense would most likely make this
impractical. And you are in a gray area--the fact that you billed them
by the hour with no contract makes a strong case that you were working
under an implicit "work for hire" contract, in which case the client
owns all rights. If I were the client and challenged about their usage
of your work, that is the case I would make.

Walk away.

--
James M. Shook
http://www.jshook.com

James Shook

2005-05-04, 4:18 am

James Shook wrote:

Correction

> The client is paying for the right to use the work in a
> particular *context* as defined in your contract or spoken agreement.

--
James M. Shook
http://www.jshook.com

CrimeDoctor

2005-05-04, 4:18 am

Chalk it up to lessons learned along the way.

Five years ago you were probably happy to get $200 for the job. In hindsight
we all lament not making better choices in real estate, the stock market,
careers, etc.

Look at it this way?you can always claim to be the guy who designed that logo.
Just put it into your design portfolio and move on.

Brain327

2005-09-20, 7:31 pm

Go to www.InternetCopyrightCafe.com to see how to protect yourself in the
future.
Look into getting copyright on the old work if they have not already done so.
They also have free support for any questions.

MMason

2005-09-20, 11:17 pm

Registering a copyright is very affordable (unless it changed recently).
Trademarks are also somewhat affordable (if you do it yourself). About $250 per
case. Make sure you do a trademark search on the uspto.gov site first!

-Mike

FoXyMuNeCa

2005-10-27, 10:15 pm

I need a logo for my website. Im a very simple person I like things neat and
clean. Can anyone recommend me where I can go to get ideas? Its for a music
website... Appreciate the responses

Foxylatina

.: Nadia :. *TMM*

2005-10-28, 3:15 am

Answered in another post you made:

A google came up with this:
http://tinyurl.com/7otc9

Browse the various links and get inspired.

---
Nadia
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>I need a logo for my website. Im a very simple person I like things neat
>and
> clean. Can anyone recommend me where I can go to get ideas? Its for a
> music
> website... Appreciate the responses
>
> Foxylatina
>

plummerdesign

2005-10-28, 3:17 am

Dang, this is one lively topic!
When I develop a logo or ID for a client, they have asked me to do so. They
pay the bill, I transfer ALL rights. My job is to have them Trademark and
Register it. When things go well for them it greatly pleases me. In fact, if
they go really big and outgrow their market...that makes me grin. I helped.
Logos and Branding are by nature, temporary. If in time they need a refresh-
then perhaps I get a chance to make money again. Nice.
If I design for my own purpose, it gets a form mailed to the US Copyright
Office. It is Registered and or Trademarked. I call it insurance.
Ccasati should be pleased to have a successful logo design in the portfolio.
It will open new doors that will pay twofold.
Cheers,
Jeffery

James Shook

2005-10-28, 6:24 pm

plummerdesign wrote:

> Logos and Branding are by nature, temporary.

As Coca-Cola and so many other corporations have found.

--
James M. Shook
http://www.jshook.com